Website Terms of Use and Freestyle Solutions Acceptable Use Policy

Website Terms of Use

BEFORE USING THIS WEBSITE OR ANY OF THE INFORMATION CONTAINED HEREIN PLEASE READ THE FOLLOWING CAREFULLY.

By using this website you are indicating your express agreement to these Terms of Use, and the Freestyle Solutions Privacy Policy (hereinafter collectively referred to as the “Terms”). If you do not agree to these Terms, please do not use this website nor any of the information presented herein and exit now.

These Terms may be modified at any time, without prior notice, by updating these pages and such revisions shall be effective immediately upon posting. Please check this page periodically for any changes. Your continued use of this website following the posting of any revisions to these Terms means you unconditionally accept all such changes.

DISCLAIMER

The material and information contained in this website is solely and strictly for informational purposes Any and all liability in respect to actions taken or not taken based on any of the contents of this website is hereby expressly disclaimed.

This website may also contain hyperlinks to materials prepared by third parties and/or available at other websites. The inclusion of these hyperlinks does not necessarily indicate our affiliation with the hyperlinked entity and/or an endorsement of the information available at those websites. No responsibility is hereby assumed for any third-party content that is accessible through this website.

THE INFORMATION AND MATERIALS PROVIDED VIA THIS WEBSITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

IN NO EVENT SHALL FREESTYLE SOLUTIONS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE AND/OR INCIDENTAL DAMAGES, WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF DATA, EVEN IF FREESTYLE SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.

THE LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES STATED HEREIN SHALL APPLY REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. ALL VISITORS TO THIS WEBSITE SPECIFICALLY ACKNOWLEDGE AND ACCEPT THESE LIMITATIONS OF LIABILITY AND DISCLAIMER OF DAMAGES.

SUBMISSIONS

If you send an e-mail through the facilities provided at this website, please be advised that such e-mail communications may not be secure. Accordingly, please do not send sensitive or confidential information. Freestyle Solutions shall have no obligation to incorporate into its services any suggestions or ideas provided by you, directly or indirectly, via this website (“Feedback”). With respect to any Feedback provided to Freestyle Solutions, Inc. by you, solicited or unsolicited, stated herein will restrict Freestyle Solutions’ right to use, profit, distribute, disclose, publish, or otherwise exploit any Feedback. It is specifically acknowledged and agreed between the Freestyle Solutions and you that no compensation, whatsoever, is or shall be due for any Feedback or use thereof.

This Freestyle Solutions Acceptable Use Policy (“AUP”) by Freestyle Solutions, Inc. (“Freestyle Solutions”) applies to Freestyle Solutions customers (“Customer”) who use or subscribe to any of the Freestyle Solutions hosted or online services (“Services”). This AUP endeavors to protect Freestyle Solutions and its Customers from adverse or detrimental impact attributed to inappropriate activities.

VIOLATION OF THIS AUP MAY RESULT IN SUSPENSION OF SERVICES AND/OR TERMINATION OF THE CONTRACTUAL ARRANGEMENT BETWEEN CUSTOMER AND FREESTYLE SOLUTIONS.

In order to link to Freestyle Solutions’ Services, the prior written consent of an authorized representative of Freestyle Solutions must be obtained.

2.0 PROHIBITED ACTS.

Each Customer is responsible for ensuring that it does *not* allow the Services to be used for any of the following purposes:

gaining, or attempting to gain, unauthorized access to any system that does not belong to the Customer;

sending unsolicited e-mail or other messages or communication in any form (e.g., spam);

altering, defacing or otherwise causing any unauthorized or unapproved modification to any system belonging to Freestyle Solutions, another Freestyle Solutions customer or any other system on the Internet;

storing, transmitting or processing material in a manner that violates intellectual-property rights or laws or regulations, including, without limitation, those associated with trade secrets, copyrights, patents, and trademarks;

violating the privacy rights of others, including, without limitation, the collection of information about individuals without their knowledge or consent, except as allowed by applicable laws and regulations;

transmitting or storing any material that is unlawful, obscene, harassing, libelous, abusive or hateful; that encourages unlawful acts; or that may be interpreted as violating the civil rights of others;

storing or transmitting material that violates local, state, federal, or international laws or regulations;

engaging in, or permitting, any activity that leads to a degradation or denial of service for Freestyle Solutions, another Freestyle Solutions Customer or any other system or site on the Internet;

violating the rules or policies of any other hosting provider, message service, chat room, bulletin board, newsgroup or similar system, service or provider;

to publishing, displaying or transmitting via Freestyle Solutions network and equipment any content that we reasonably believe (a) constitutes or encourages child pornography or is otherwise obscene, sexually explicit or morally repugnant; (b) is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech; (c) is unfair or deceptive under the consumer protection laws of any jurisdiction, including but not limited to chain letters and pyramid schemes; and (d) is defamatory or violates a person’s privacy; or (e) creates a risk to a person’s safety or health, creates a risk to public safety or health;

attempt to reverse engineer, decompile, disassemble, or attempt to derive the source code of the Freestyle Solutions software or any portion thereof;

modify, port, translate, localize or create derivative works of the Freestyle Solutions software;

use the Freestyle Solutions Software (a) to infringe on the intellectual property rights of any third party or any rights of publicity or privacy, (b) to violate any law, statute, ordinance or regulation (including but not limited to the laws and regulations governing export/import control, unfair competition, anti-discrimination and/or false advertising), (c) to propagate any virus, worms, Trojan horses or other programming routine intended to damage any system or data, (d) in any application that may involve risks of death, personal injury, severe property damage or environmental damage, or in any life support applications, devices or systems;

file copyright or patent applications that include the Freestyle Solutions Software or any portion thereof; and

In addition to ensuring the above activities do not occur, all Customers using the Freestyle Solutions Services agree to the following:

Customer shall be responsible for the creation and maintenance of all Customer content on the Services;

Customer represents that it has full power and authority to (a) offer and sell the merchandise, information and services offered on the Services; (b) to copy and display the materials displayed at the Services, and (c) to provide for credit card payment for merchandise information or services as specified at the Customer website shopping cart;

Customer represents that the Customer content, and any domain name used in connection with the Services, do not infringe the rights of any other person, including without limitation trademark, copyright and trade secret rights; and

Customer represents that such offer and sale, display of materials or provision for credit card payment, does not constitute a violation of any applicable law, including without limitation export control, intellectual property and obscenity laws;

4.0 OBJECTIONABLE MATERIAL.

We reserve the right to remove any data that within our reasonable judgment constitutes objectionable materials or violates any of Freestyle Solutions rules regarding appropriate use; provided, however, we are not obligated to do so. You and Freestyle Solutions Users will comply with all applicable laws regarding Freestyle Solutions Data, use of the Service and Freestyle Solutions.

If We receive a notice alleging that material or content infringes another party’s copyright, We may remove that material in accordance with Title II of the Digital Millennium Copyright Act of 1998 (Section 512 of the U.S. Copyright Act).

5.0 NOTICE.

If Customer becomes aware of any such activity that is in violation of this AUP, then Customer must remedy the situation immediately and send an email freestylesupport@freestylesolutions.com. Customer shall also notify Freestyle Solutions, by telephone at 1(800) 474-5750 within three (3) hours of the detection of any violation of this AUP.[/vc_column_text]